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HomeMy WebLinkAboutContracts & Agreements_35-1990_CCv0001.pdf AGREEMENT FOR PURCHASE 09 RZCXCLABLB HATERIAL9 THIS AGREEMENT, is made and entered into this 18th day of September, 1990, by and between the City of Redlands, a municipal corporation (hereinafter "City") and CR&R, Incorporated, a California corporation (hereinafter "Contractor") . RECITALS WHEREAS, in furtherance of the goals of AB 939, and for purposes of reducing the disposal of wastes at, and extending the life of, its California Street landfill, the City has implemented an integrated waste management program which includes the recycling of certain materials; and WHEREAS, City has solicited proposals from contractors for the collection, transportation and purchase of recyclable materials; and WHEREAS, Contractor has submitted to City a proposal to collect, transport and purchase recyclable materials from City, and has represented to City that it has the requisite skill, knowledge and expertise to perform the services required by city in its request for proposals; and WHEREAS, it is the desire of City to contract with Contractor to perform the services required hereunder on the terms and conditions specified herein; NOW, THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, receipt of which is hereby acknowledged, Contractor and City agree as follows: AGREEMENT Section 1. Recitals. The recitals contained herein are true and correct. Section 2 . Scope of Work. Contractor shall furnish all containers for the collection of recyclable materials (including flat beds and 40 cubic yard bins) and shall be responsible for the transportation of the recyclable materials. The term "recyclable materials" shall mean all materials, including paper, metals, plastics and glass, as described in the "Service Inventory" attached hereto as Exhibit "All and incorporated herein by this reference. Section 3 . Prices for Materials. Contractor shall pay to City on a per pound or per ton basis, as appropriate, the rates for the recyclable materials as specified in the "Service Inventory" attached hereto as Exhibit "A. " Such rates shall be variable in nature and be subject to quarterly adjustment in accordance with the indexed rates established by the California Integrated Waste Management Board. Payment for the recyclable material shall be made to City on the following basis: Section 4 . Term of Agreement. The term of this Agreement shall be from September 1, 1990 to June 30, 1991. Prior DJM4235 - 2 - to the expiration of the term, upon thirty days written notice to City, Contractor may request City renew this Agreement on such terms and conditions as may be agreed upon by Contractor and City for an additional term of two to five years. Section 5. Entire Agreement. The complete Agreement between Contractor and City includes this Agreement and City's Request for Proposals, the Service Inventory, all required insurance policies and certificates, and the Faithful Performance Bond. These documents comprise the entire agreement of the parties hereto as to the matters contained herein. Any amendment of the agreement shall be in writing, executed by the parties hereto. Section 6. Insurance. Contractor shall obtain, at its sole cost, a policy or policies of liability insurance of the type and in the amounts described below and satisfactory to City. Such policies, or certificates evidencing the insurance required thereunder, shall be filed with City prior to Contractor performing any work pursuant to this Agreement. Except for Workers' Compensation Insurance, City, its elected officials, officers and employees shall be named as additional insureds on all policies required under this Agreement, but only with respect to operations of the Contractor relating to the performance of its duties under this Agreement. Contractor's insurance coverage shall be primary as respects City, its elected officials, officers and employees, and any insurance or self insurance maintained by City, its elected officials, officers and employees shall be in excess of Contractor's insurance and shall not contribute with it. DJM4235 - 3 - A. Prior to the commencement of any work hereunder, Contractor shall provide certificates of insurance with original endorsements, and copies of policies, if requested by City, of the following insurance with Best, Class B or better carriers: a. Workers' Compensation Insurance covering all employees and principals of the Contractor, in a minimum amount of $1, 000, 000 per occurrence, in compliance with the Workers' Compensation laws of the State of California. b. Commercial General Liability Insurance covering third party liability risks, including contractual liability, in a minimum amount of $1, 000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project or the general aggregate limit shall be twice the occurrence limit. C. Commercial Auto Liability and Property Insurance covering any owned and rented vehicles of Contractor in a minimum amount of $1, 000, 000 combined single limit per occurrence for bodily injury and property damage. B. Said policy of policies shall be endorsed to provide that coverage shall not be suspended, voided, canceled by either party, or reduced in scope of coverage or in limits except DJM4235 -- 4 - after thirty (30) days prior written notice to City. Contractor shall give City prompt and timely written notice of any claim made or suit instituted arising out of Contractor's operations hereunder. Contractor shall also procure and maintain, at its own cost and expense, any additional kind and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the prosecution of the work described herein. C. Contractor shall include subcontracting parties, if any, as insureds under its policies or shall furnish City with separate certificates and endorsements evidencing the insurance requirements specified herein, for each subcontractor hired by Contractor. All coverage for such subcontractors shall be subject to the requirements stated herein. Section 7. Indemnity. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any and all claims, losses, actions and damages for personal injury or property damage, including costs of suit and attorney's fees, arising out of or in connection with any negligent or intentional acts or omissions of Contractor, its officers, employees and agents in their performance of this Agreement. Section 8. Guarantee of Performance. Concurrent with the execution of this Agreement, Contractor shall provide City with a faithful performance bond in the amount of Ten Thousand ($10, 000) DJM4235 - 5 - dollars guaranteeing Contractor' s performance of its obligations required hereunder. Such bond shall be in the form specified by City. Section 9. Independent Contractor. At all times while performing its obligations under this Agreement, Contractor shall have the status of an independent contractor and shall in no way be construed to be an employee of City. Section 10. Attorney's Fees. In the event any legal action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing party shall, in addition to any costs or other relief, be entitled to its reasonable attorney' s fees. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY OF RE S CR & R,INCQR�X) ATED Y BY: 'A M a q1r Signature of Authorized Agent ATTEST: Title C-i-Ey- q-Jerk DJM4235 6 -